becaufe, as Three Days were expired, it would be contrary to Act of Parliament. I faid, Depofitions, I prefumed, were only requiréd by Law, to certify the Magiftrate of the Truth of the Fact complain'd of; but that nothing could certify him more abfolutely, than the confeffion of the offending Parties: That he had therefore all neceffary Evidence, if not to punish, yet to put him upon proceeding according to Law, and calling on me formally to prove my Charge. The Vice-Chancellor faid, Mad young Fellows get beated with liquor, and don't confi der what they do; it would therefore be hard to ruin Thefe, for what they have done. To this I answered, That I did not know, that Expulfion would be the Ruin of them but if it would, the greatnefs of the known Penalty ought to have ted their criminal Behaviour. Upon asking the Vice-Chancellor, Whether fuch Treasonable Behaviour did not imply Perjury; he answered, Mad young Fellows did not think about Perjury, and it would be hard to proceed against Boys in too fevere a manner. I anfwered, That, as the Wisdom of the Univerfity thought them of proper Capacities to take the Oaths, four years ago, they must be thought of proper Capacities now to be punish'd for the breach of thofe Oaths.

preven

ARTICLE XVII.

Afterwards, on the fame day, I went into the Court of Delegates; in confequence of an Order from the Vice-Chancellor, not delivered in his own chamber at the preceding Converfation, but difpatched to me by a Beadle with his Mace. And there again I acquainted him, That I was ready, at any time which he would fix, to produce feveral credible Witneffes, to the Truth of what I had laid before him concerning the Riot. He again answered, The Depofitions could not then be taken. Notwithstanding which, after fome time, he expreffed himself in fuch a manner, that I understood he would take the Depofitions, if I waited upon him at Four o'clock that afternoon.

ARTICLE XVIII.

I waited upon him accordingly; and his first question was, Where are the Gentlemen? I answered, They were all in waiting: and that I only came in firft, to afk, Whether he was ready to take the Depofitions. This I did, out of friendship to the Gentlemen; because, if their Depofitions were not to be taken, making them known would have been unneceffarily to have ex

pofed

pofed them to the infults of the Difloyal. The Vice-Chancellor then faid, He had not promifed to take the Depofitions; but bad told me, that he could not, and had given his reafon. He defired, however, to fee the Witneffes. I told him, I was not obliged to produce them, or to mention their names, unless he would take their Depofitions : but that I had in my pocket the heads of what one of the Gentlemen could fwear to. To the best of my remembrance, the ViceChancellor defired to fee the faid Paper; which I declined fhewing him, unless he would promife to take the Depofitions of the Gentlemen then in waiting for that purpofe.

ARTICLE XIX.

The Vice-Chancellor was pleased to fay, If he was to take the Depofitions, the notice I bad given would be in the nature of an INFORMATION. My answer was, That I faw nothing odious or frightful in that Term ; and that no Magiftrate could ever come to the knowledge of any offence, that was not committed in his own Sight, but by INFORMATION.

ARTICLE XX.

Being fomewhat warm'd at this Treatment, I told the Vice-Chancellor, that Facere et non impedire idem eft was an axiom in Law and Reafon; and that the Decay of the University was manifeftly owing to the not properly punishing every instance of Difloyalty. The Vice-Chancellor Hoped, he faid, the fortune of that Place would never depend upon the Indifcretion of a few young Perfons. I replied, that I hoped the fame: but was apprehenfive, that the World would extend their Cenfures to the fenior Part of the Univerfity, to whofe Care and Government the young Gentlemen were entrusted.

ARTICLE XXI.

I told the Vice-Chancellor like wife, I had good reafon to believe, that fome of the young Gentlemen, then complained of, enter'd in the Univerfity with loyal Principles and lamented the great Misfortune of their Friends, if they were loyal, in the corruption of the young Gentlemen's Principles. And I added, that I had particular reafon to think Mr. Dawes enter'd with loyal Principles. Upon which, Dr. Leigh, Mafter of Baliol College, who was then

with the Vice-Chancellor, obferved, That this was not likely, because of the HOUSE Mr. Dawes had enter'd in.

ARTICLE XXII.

The conclufion of this Conversation was, my putting the following Questions. Will you, Sir, take the Depofitions, as ViceChancellor and Supreme Head in this Univerfity? He answered, NO, I cannot. Will you, as a Civil Magiftrate and a Justice of Peace by your Office? And, upon the Vice-Chancellor's again answering, NO; I immediately and finally took my leave.

I have only to add, that the Discourses, here recited, as paffing between the ViceChancellor and myself, at the Four several Interviews before mentioned, were to the purport and effect above fat forth, and are not defignedly alter'd, on account of their appearing in print.

ARTICLE XXIII.

The Confequences of this Treasonable Behaviour of the Rioters, and of my dutiful application to the Vice-Chancelor for their being properly punished, were, That they were treated with general refpect; and I was, as generally, hifs'd and infulted. And my crime was thought to be particularly aggra

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